FARMER v. BOXAR TOOL & MFG. CO.

No. 9470.

167 F.2d 879 (1948)

FARMER v. BOXAR TOOL & MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

May 11, 1948.


Attorney(s) appearing for the Case

Frank A. Whiteley, of Minneapolis, Minn., and Richard R. Trexler, of Chicago, Ill., for appellants.

Horace Dawson and Dawson, Ooms, Booth & Spangenberg, all of Chicago, Ill., for appellees.

Before SPARKS and MINTON, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

On September 3, 1946, plaintiffs charged the defendants with unfair competition with respect to the formers' "toy construction set," which was placed on the market by plaintiffs under the name "Buildo," which name, since February 5, 1946, was plaintiffs' registered trademark, No. 419,231. On April 14, 1947, plaintiffs amended their original complaint by charging that their trademark "Buildo" was infringed by defendants' trademark "Construct...

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